K. N. Sinha, J. - (1.) -The present appeal has been filed against the judgment and order dated 2.2.1987, passed by IIIrd Additional Sessions Judge, Bareilly, convicting the appellants Ram Murti, Om Prakash, Ram Singh, Nankoo and Budhi under Sections 148, Indian Penal Code and 302/149, Indian Penal Code and sentencing them to undergo one year rigorous imprisonment for the offence under Section 148, Indian Penal Code and imprisonment for life for the offence under Section 302/149, Indian Penal Code.
(2.) APPELLANTS Ram Murti, Om Prakash, Ram Singh, Nankoo and Buddhi were challaned by Nawabganj Police, district Bareilly for an occurrence which took place on 12.8.1985 at 5.30 p.m. on the canal side within the territory of village Dandia Nizmulnisha. It is alleged that on 12.8.1985, deceased Ram Charan had gone to Dalele Nagar Flour Mill and after grinding his wheat, he was coming to his village on a cycle with a bag of flour. When he reached at canal side, near the chari field of Ram Raj, appellants Om Prakash and Ram Singh ambushed in the field, fired gun shots at him. The deceased fell down and started running towards his village. On a chase given by the appellants, he was caught hold and the appellants started inflicting knife and sickle blows causing him large number of injuries and instantaneous death on the spot. The complainant Chandra Sen, accompanied by his son and one Durga Prasad reached near the spot. Other witnesses Sri Ram and Chhiddu had also reached there. The appellants ran away leaving behind the dead body of the deceased. Complainant Chandra Sen got a report prepared by Devi Das and lodged the same at the police station Nawabganj, district Bareilly at 8.30 p.m. The police came on the spot in the night and on the next morning the inquest report was prepared and dead body, under a sealed cover, was sent for post-mortem. After collecting the evidence and post-mortem report, the appellants were charge-sheeted and were tried by the Court of Sessions, resulting in the order mentioned above. The prosecution examined seven witnesses out of whom first two witnesses, Chandra Sen, P.W. 1 and Pyare Lal P.W. 2 are said to be the eye-witnesses. Constable Siya Ram P.W. 3 took the dead body for post-mortem. Devi Das P.W. 4 had scribed the first information report. Dr. A. K. Bajpai, P.W. 5 conducted post-mortem on the dead body of the deceased Ram Charan and found following ante-mortem injuries : (i) Incised wound 22 cm. 8 cm. bone deep cutting the whole neck through and through except 4 cm. long skin is intact at the left lateral part of neck. All the structures in the neck cut under the injury. Fifth and sixth cervical vertebral bodies are cut. (ii) Incised wound 2 cm. 0.5 cm. muscle deep on the top of right shoulder. (iii) Linear incised wound 11 cm. 0.5 cm. skin deep on the middle of right side chest 1 cm. lateral to midline. (iv) Linear incised wound 6 cm. 0.5 cm. skin deep on the right side of chest 6 cm. below right nipple. (v) Incised wound 3 cm. 1 cm. muscle deep on the right side back of right scapular region. (vi) Incised wound 8 cm. 1 cm. muscle deep on the right side back of upper part of abdomen. (vii) Incised wound 4 cm. 1 cm. muscle deep on the right side back 3 cm. below injury No. 6. (viii) Incised wound 6 cm. 1 cm. muscle deep lying transversely lower limbs region. (ix) Incised wound 10 cm. 2 cm. muscle deep on the middle of both buttocks. (x) Incised wound 17 cm. 6 cm. abdominal cavity deep on the front of abdomen 2 cm. below the umbilicus. The wound is transversely lying. The bowel loops are coming out. (xi) Incised wound 3 cm. 0.5 cm. muscle deep on the palmer aspect of left wrist. (xii) Incised wound 2 cm. 1 cm. muscle deep on the thinner emmence of left hand. (xiii) Incised wound 3.5 cm. 1 cm. muscle deep on the palm of left hand middle. (xiv) Incised wound 2 cm. 0.5 cm. muscle deep on the left little finger ventral aspect. (xv) Incised wound 6 cm. 0.5 cm. muscle deep on the left si?e abdomen 4 cm. above iliac crest. (xvi) Incised wound 6 cm. 0.5 cm. muscle deep on the front of left knee. On internal examination, the doctor found partly digested food material.
(3.) THE chick report was prepared by head constable Ram Veer Sharma P.W. 6, who also recorded the registration of the case in the G.D. Sub-Inspector Pooran Lal Gupta investigated the case, recorded the statements of witnesses and submitted the charge-sheet. This is the whole of the evidence adduced by the prosecution. As pointed out earlier, in order to support the prosecution case, only two witnesses of fact have been examined. Chandra Sen P.W. 1 is admittedly the nephew of the deceased and Pyare Lal P.W. 2 is the son of Chandra Sen P.W. 1. On the statements of these two witnesses, the Session Court found that there was sufficient evidence to hold the appellants guilty.;